Amends TCA Title 40, Chapter 33.

This bill revises information to be included in a report regarding forfeiture and requires that an affidavit in support of a forfeiture warrant include information as to whether criminal charges have been filed against the owner of the property or the person in possession of the property at the time of seizure.<br /> <br /> Present law requires the department of safety to report, by March 1 of each year, the following information for the previous calendar year to the senate and house speakers and the chairs of the senate and house judiciary committees of the senate and of the house of representatives:<br /> <br /> (1) The total number of seizure cases opened by the department;<br /> <br /> (2) The number of seizure cases where an arrest was made;<br /> <br /> (3) The total number of cases resulting in forfeiture;<br /> <br /> (4) The types of property seized under the forfeiture procedure provisions and the totals of each type;<br /> <br /> (5) The amount of currency seized;<br /> <br /> (6) The amount of currency forfeited;<br /> <br /> (7) The total number of cases which resulted in a default by the property owner;<br /> <br /> (8) The total amount of currency forfeited as a result of settlement;<br /> <br /> (9) The total number of cases which resulted in a settlement;<br /> <br /> (10) The total amount of currency forfeited as a result of settlement;<br /> <br /> (11) The total amount of currency returned to the property owners as a result of settlement;<br /> <br /> (12) The total number of cases resulting in a hearing;<br /> <br /> (13) The total number of hearings resulting in forfeiture of assets;<br /> <br /> (14) The total amount of currency forfeited as a result of disposition by hearing;<br /> <br /> (15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and <br /> <br /> (16) How proceeds derived from forfeited assets are used by the department. The information in this item and other information required by present law regarding how the proceeds from forfeited assets are used must be made accessible to the public on the department's website through a prominent link provided on the home page.<br /> <br /> This bill revises the above provisions as follows:<br /> <br /> (1) Changes the reporting date from March 1 to February 1;<br /> <br /> (2) Updates the references to the house committee chairs to receive the report to be the chairs of the civil justice and criminal justice committees;<br /> <br /> (3) Requires that the report be posted for public viewing on the department's website;<br /> <br /> (4) Clarifies that the information described in (2) above is for arrests made at the time of seizure;<br /> <br /> (5) Includes the mean and median values or amounts in regard to the information described above in (8), (10), (11), (14), and (15); adds the mean and median amount of time for cases from the date opened to the date of settlement in (9) above; and in (13) above, includes the mean and median amounts of time for cases from the date opened to the date of forfeiture of assets as a result of disposition by hearing and the mean and median amounts of time for cases from the date opened to the date assets were returned to the property owner as a result of disposition by hearing; <br /> <br /> (6) Revises item (16) above to require use of proceeds information for each individual law enforcement agency. This bill also removes the reference to this particular information being on the department's website, as the entire report will be on the website pursuant to this bill; and<br /> <br /> (7) Adds the following information to be included in the report:<br /> <br /> (A) The race, gender, age, and zip code of the property owner's residence;<br /> <br /> (B) The number of arrests that occurred after the seizure notice was sent to the department of safety;<br /> <br /> (C) The total value amount of property, including the mean and median amounts, forfeited as a result of default;<br /> <br /> (D) The total value of property, including the mean and median values, forfeited as a result of settlement; <br /> <br /> (E) The total value of property, including the mean and median values, returned to the property owner as a result of settlement;<br /> <br /> (F) The total value of property, including the mean and median values, forfeited as a result of a disposition hearing;<br /> <br /> (G) The total value of property, including the mean and median values, returned to the property owner as a result of a disposition by hearing;<br /> <br /> (H) The total number of cases resulting in a criminal conviction of the property owner of seized currency or property;<br /> <br /> (I) The total amount of currency, including the mean and median amounts, forfeited in criminal conviction of property owner of currency or property; and <br /> <br /> (J) The total value of property, including the mean and median values, forfeited in criminal conviction of property owner of currency or property. The information in this item must be made accessible to the public on the department's website through a prominent link provided on the home page.<br /> <br /> Under present law, an affidavit in support of a forfeiture warrant must be sworn to and state information such as the legal and factual basis for forfeiture. This bill adds that the warrant must include whether any criminal charge has been filed against the owner or the co-owner of the property or the person in possession of the property at the time of seizure. <br />